PVL 3701

LAW OF PROPERTY

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1. Which one of the following things is a composite thing?

[1] a painting

[2] a roll of denim material

[3] a wild animal

[4] a bicycle (2)

2. Which one of the following real relationships is always lawful?

[1] bona fide possession

[2] ownership

[3] holdership

[4] mala fide possession (2)

3. Indicate the correct option.

In Ex Parte Geldenhuys (1926 OPD 155) the court formulated a test to determine the

distinction between:

[1] ownership and personal rights

[2] personal rights and real rights

[3] real rights and limited real rights

[4] personal servitudes and personal rights (2)

4. Peter donates a part of his farm to his daughter, Amy. They obtain permission to

subdivide the farm and Amy erects a fence on the new boundary. Amy fetches

Peter and together they drink a toast at the new gate. Peter says to Amy: “Amy, I

am glad that this piece of land is now your property!”

What type of right does Amy have with regard to the land?

[1] real right

[2] personal right

[3] limited real right

[4] none of the above (2)

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5. Sandy has been leasing a flat since January 2020. After two months the owner of

the flat, Silas, asks her whether she wants to buy the flat. She agrees but is not

sure how she will become the owner of the flat. Her friend, Jane (a law student),

explains the position to Sandy. Which of the following statements is incorrect?

[1] During February 2020 Sandy had a personal right against Silas to live in the

flat.

[2] Ownership over the flat will be transferred from Silas to Sandy through

registration in the deeds registry.

[3] Ownership over the flat will be transferred through delivery with the short hand

because Sandy is already in control of the flat.

[4] Once Sandy is the owner of the flat she obtains a real right over the flat. This

real right can be limited by the law and the rights of others. (2)

6. Which one of the following things can be regarded as a res nullius?

[1] a Persian cat sleeping in the neighbour’s living room

[2] an impala roaming in the bushes

[3] a domesticated tiger living in his owner’s house

[4] a kudu kept on a private game farm for hunting purposes (2)

7. Which one of the following statements, about valid defences against the rei

vindicatio, is incorrect?

[1] An owner of land who wants to evict persons residing on his land unlawfully,

may only do so if he obtains a court order for their eviction.

[2] An owner who leads third parties to believe that someone else is the owner of

his/her thing, cannot reclaim his/her thing from a third party who relied on this

misrepresentation and in that way acted to his/her (third party) detriment.

[3] An owner whose things were sold, by mistake, at a judicial sale in

execution of judgment, may reclaim his things from any bona fide

purchaser who bought the things and took delivery thereof.

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[4] An owner of money cannot reclaim his money from a third party if his/her (the

owner’s) money was stolen by a thief and given to the third party in good faith

for valuable consideration. (2)

8. Which one of the following constitutes an example of original acquisition of

ownership?

[1] The state expropriates John’s farm that he inherited from his father.

[2] John sells his farm to his neighbour, Vincent.

[3] John sells a tractor to the nearby cooperative, the agreed purchase price is

paid into John’s account and John hands the keys of the tractor to the

representative of the cooperative.

[4] The state buys 100 bags of potatoes from John to distribute among a group of

homeless people. A representative comes to collect the potatoes after John

pointed it out. (2)

9. Which forms of constructive or fictitious delivery can take place in instances

where the transferee is in a position where someone else exercises physical

control of the thing on his/her behalf?

[1] symbolic delivery, delivery with the short hand (traditio brevi manu)

[2] constitutum possessorium, delivery with the short hand (traditio brevi manu)

[3] attornment, constitutum possessorium

[4] attornment, delivery with the long hand (traditio longa manu) (2)

10. Indicate the incorrect option in respect of the requirements of attornment:

[1] A tripartite agreement must exist between all three parties concerned.

[2] The third party (holder) must be in control of the thing when the tripartite

agreement is concluded.

[3] The third party (holder) can consent in advance to a future transfer of

ownership.

[4] A method of transfer of ownership similar to attornment was recognised in

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